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S08589 Summary:

BILL NOS08589C
 
SAME ASSAME AS A09533-A
 
SPONSORMAY
 
COSPNSR
 
MLTSPNSR
 
Add Art 25-D §§863 - 863-d, Lab L
 
Requires covered employers to provide notice to certain affected employees prior to any technological displacement; requires reporting; requires a workforce transition period; makes related provisions.
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S08589 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8589--C
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    November 21, 2025
                                       ___________
 
        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said committee -- recommitted to the Committee on Labor in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the labor law, in relation to enacting  the  "automation
          displacement protection act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "automation displacement protection act".
     3    § 2.  The labor law is amended by adding a new article 25-D to read as
     4  follows:
     5                                ARTICLE 25-D
     6                 PROTECTION OF WORKERS FROM AI DISPLACEMENT
 
     7  Section 863.   Definitions.
     8          863-a. Notice of technological displacement.
     9          863-b. Workforce transition period.
    10          863-c. Incentive eligibility.
    11          863-d. Civil penalties and remedies.
    12    §  863.  Definitions.  For the purposes of this article, the following
    13  terms shall have the following meanings:
    14    1. "Covered employer" means any business enterprise that employs fifty
    15  or more full-time employees in the state.
    16    2. "Artificial intelligence" means the  same  as  defined  in  section
    17  seventeen hundred of the general business law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14017-06-6

        S. 8589--C                          2
 
     1    3.  "Technological  displacement"  means the elimination of employment
     2  positions, or a reduction in hours equivalent to twenty-five percent  or
     3  more  of total workforce time, within any twelve-month period, caused in
     4  whole or in substantial part by the introduction or expanded use  of  an
     5  artificial intelligence system or other automated technology.
     6    §  863-a.  Notice of technological displacement. 1. A covered employer
     7  shall provide no fewer than ninety days advance written notice prior  to
     8  any  technological displacement affecting twenty-five or more employees,
     9  or twenty-five percent of the workforce, whichever is less.
    10    2. Notice under subdivision one of this section shall be provided to:
    11    (a) all affected employees and any employee organization  representing
    12  them;
    13    (b) the commissioner;
    14    (c)  the  chief  elected  official of each locality where the affected
    15  facility is located; and
    16    (d) the local workforce development board.
    17    3. The notice under subdivision one of this section shall describe:
    18    (a) the functions to be automated;
    19    (b) the number, classification, and location of affected employees;
    20    (c) the anticipated date of displacement;
    21    (d) available retraining or reassignment programs; and
    22    (e) the identity of any vendor or contractor supplying the  artificial
    23  intelligence system.
    24    §  863-b.  Workforce transition period. 1. Each employee affected by a
    25  technological displacement shall be entitled to a transition  employment
    26  period  of  ninety  days  from the date of notice provided under section
    27  eight hundred sixty-three-a of this article, during  which  the  covered
    28  employer shall offer:
    29    (a) continued employment or equivalent wages; or
    30    (b) participation, at such covered employer's expense, in a recognized
    31  retraining or reskilling program approved by the department.
    32    2.  A  covered  employer shall not discharge an employee affected by a
    33  technological displacement during the transition period  under  subdivi-
    34  sion one of this section except for just cause.
    35    §  863-c. Incentive eligibility. 1. Any covered employer that fails to
    36  comply with the notice or transition requirements of this article  shall
    37  be  ineligible for state grants, loans, or tax incentives for five years
    38  following such violation.
    39    2. The commissioner  shall  maintain  a  public  registry  of  covered
    40  employers found to have violated this article.
    41    §  863-d.  Civil  penalties  and  remedies. 1. A covered employer that
    42  fails to provide the notice required by this article shall be liable  to
    43  each affected employee for up to sixty days of back pay and benefits.
    44    2.  The  commissioner may assess a civil penalty of up to ten thousand
    45  dollars per day for willful violations of this article.
    46    3. The attorney general may bring an action to enjoin  violations  and
    47  recover penalties on behalf of the state.
    48    § 3. This act shall take effect immediately.
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